The Young People's Learning Agency Abolition (Consequential Amendments to Subordinate Legislation) (England) Order 2012

Statutory Instruments

2012 No. 956

Education, England

The Young People's Learning Agency Abolition (Consequential Amendments to Subordinate Legislation) (England) Order 2012

Made

26th March 2012

Laid before Parliament

3rd April 2012

Coming into force

1st May 2012

The Secretary of State for Education makes the following Order in exercise of the power conferred by sections 67(2) and 78(2)(c) of the Education Act 2011 M1 .

Marginal Citations

M1 2011 c.21.

Citation and commencement U.K.

1.  This Order may be cited as the Young People's Learning Agency Abolition (Consequential Amendments to Subordinate Legislation) (England) Order 2012 and comes into force on 1st May 2012.

Amendment of the Social Security (Overlapping Benefits) Regulations 1979 U.K.

2.  In regulation 2(1) (interpretation) of the Social Security (Overlapping Benefits) Regulations 1979 M2 in the definition of “training allowance” omit “Young People's Learning Agency for England,”.

Marginal Citations

M2 S.I. 1979/597; relevant amending instruments are S.I.1988/1446; 1991/3872005/337 and 2010/1941.

Amendment of the Income Support (General) Regulations 1987 U.K.

3.—(1) The Income Support (General) Regulations 1987 M3 are amended as follows.

(2) In regulation 2(1) (interpretation) in paragraph (a) of the definition of “training allowance” omit “the Young People's Learning Agency for England,”.

(3) In regulation 61(1) (interpretation)—

(a) in paragraph (d) of the definition of “access funds”—

(i) for “Young People's Learning Agency for England under sections 61 and 62 of the Apprenticeships, Skills, Children and Learning Act 2009” substitute “ Secretary of State under section 14 of the Education Act 2002 ”M4 , and

(ii) for “that Act” substitute “ the Apprenticeships, Skills, Children and Learning Act 2009 ”;

(b) in the definition of “full-time course of advanced education”—

(i) in paragraphs (a) and (b) for “Young People's Learning Agency for England” substitute “ Secretary of State under section 14 of the Education Act 2002 ” in each place where those words occur, and

(ii) in paragraph (b)(i) for “bodies” substitute “ persons ”; and

(c) in the definition of “full-time course of study”—

(i) in paragraphs (a) and (b) for “Young People's Learning Agency for England” substitute “ Secretary of State under section 14 of the Education Act 2002 ” in each place where those words occur, and

(ii) in paragraph (b)(i) for “bodies” substitute “ persons ”.

(4) In paragraph 28 of Schedule 1B (persons engaged in training) for “Young People's Learning Agency for England” substitute “ Secretary of State ”.

Marginal Citations

M3 S.I. 1987/1967; relevant amending instruments are S.I. 1991/236, 1991/387, 1996/206, 1996/1944, 2000/1922, 2001/652, 2001/2319; 2008/3157; 2009/583 and 2010/1941.

M4 2002 c.32.

Amendment of the Council Tax (Discount Disregards) Order 1992 U.K.

4.  In paragraph 8(1)(b)(ii) of Schedule 1 (definition of students, etc.) to the Council Tax (Discount Disregards) Order 1992 M5 for “Young People's Learning Agency for England” substitute “ Secretary of State under section 14 of the Education Act 2002 ”.

Marginal Citations

M5 S.I. 1992/548, amended by S.I. 2006/3396 and 2010/1941.

Amendment of the Jobseeker's Allowance Regulations 1996 U.K.

5.—(1) The Jobseeker's Allowance Regulations 1996 M6 are amended as follows.

(2) In regulation 1(3) (citation, commencement and interpretation)—

(a) in the definition of “full-time course of advanced education”—

(i) in paragraphs (a) and (b) for “Young People's Learning Agency for England” substitute “ Secretary of State under section 14 of the Education Act 2002 ” in each place where those words occur, and

(ii) in paragraph (b)(i) for “bodies” substitute “ persons ”;

(b) in the definition of “full-time student”—

(i) in paragraph (b)(i) and (ii) for “Young People's Learning Agency for England” substitute “ Secretary of State under section 14 of the Education Act 2002 ” in each place where those words occur, and

(ii) in paragraph (b)(ii)(aa) for “bodies” substitute “ persons ”; and

(c) in paragraph (a) of the definition of “training allowance” omit “the Young People's Learning Agency for England,”.

(3) In regulations 11(3) (part-time students) for “Young People's Learning Agency for England” substitute “ Secretary of State ”.

(4) In regulation 57(1) (interpretation of Part IV) in the definition of “training” for “Young People's Learning Agency for England” substitute “ Secretary of State ”.

(5) In regulation 75(1)(b)(i) (interpretation) for “Young People's Learning Agency for England” substitute “ Secretary of State ”.

(6) In regulation 130 (interpretation) in paragraph (d) of the definition of “access funds”—

(a) for “Young People's Learning Agency for England under sections 61 and 62 of the Apprenticeships, Skills, Children and Learning Act 2009” substitute “ Secretary of State under section 14 of the Education Act 2002 ”; and

(b) for “that Act” substitute “ the Apprenticeships, Skills, Children and Learning Act 2009 ”.

(7) In regulation 170(2) (persons in receipt of a training allowance) for “Young People's Learning Agency for England” substitute “ Secretary of State ”.

(8) In paragraph 16 of Schedule A1 (young persons in training) for “Young People's Learning Agency for England” substitute “ Secretary of State ”.

Marginal Citations

M6 S.I. 1996/207; relevant amending instruments are S.I. 1996/1516, 1998/1274, 2000/1922, 2000/1978, 2000/1981, 2001/652, 2001/1434, 2001/2319, 2006/718, 2008//3157, 2009/583, 2010/641 and 2010/1941.

Amendment of the Housing Renewal Grants Regulations 1996 U.K.

6.  In regulation 41 (interpretation) of the Housing Renewal Grants Regulations 1996 M7 —

(a) in paragraph (d) of the definition of “access funds”—

(i) for “Young People's Learning Agency for England under sections 61 and 62 of the Apprenticeships, Skills, Children and Learning Act 2009” substitute “ Secretary of State under section 14 of the Education Act 2002 ”, and

(ii) for “that Act” substitute “ the Apprenticeships, Skills, Children and Learning Act 2009 ”; and

(b) in the definition of “full-time course of study”—

(i) in paragraphs (a) and (b) for “Young People's Learning Agency for England” substitute “ Secretary of State under section 14 of the Education Act 2002 ” in each place where those words occur, and

(ii) in paragraph (b)(i) for “bodies” substitute “ persons ”.

Marginal Citations

M7 S.I. 1996/2890; relevant amending instruments are S.I. 2001/739, 2002/530 and 2010/1941.

Amendment of the National Minimum Wage Regulations 1999 U.K.

7.  In regulation 2(1) (general interpretative provisions) of the National Minimum Wage Regulations 1999 M8 in paragraph (a)(i) of the definition of “further education course” for “Young People's Learning Agency for England” substitute “ Secretary of State under section 14 of the Education Act 2002 ”.

Marginal Citations

M8 S.I. 1999/584; amended by S.I. 2011/2347; there are other amending instruments but none are relevant.

Amendment of the Education (Grants etc.) (Dance and Drama) (England) Regulations 2001 U.K.

8.  In regulation 12(2) (requirements to be complied with) of the Education (Grants etc.) (Dance and Drama) (England) Regulations 2001 M9 —

(a) in paragraph (a) for “or, if he so directs, to the Young People's Learning Agency for England,” substitute “ with ”; and

(b) for paragraph (b) for “Young People's Learning Agency for England” substitute “ Secretary of State ”.

Marginal Citations

M9 S.I. 2001/2857; amended by S.I. 2010/1941 and 2005/3238.

Amendment of the Education (Teacher Student Loans) (Repayment etc.) Regulations 2003 U.K.

9.—(1) The Education (Teacher Student Loans) (Repayments etc.) Regulations 2003 M10 are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) after the definition of “1998 Act” insert—

““2002 Act” means the Education Act 2002;”; and

(b) in the definition of “specialist college” for “Young People's Learning Agency for England” substitute “ Secretary of State under section 14 of the 2002 Act ”.

(3) In regulation 4(3)(d) (eligible employment) for “Young People's Learning Agency for England” substitute “ Secretary of State under section 14 of the 2002 Act ”.

(4) In regulation 5(2)(b) (newly qualified teacher) for “Education Act 2002” substitute “ 2002 Act ”.

Marginal Citations

M10 S.I. 2003/1917; amended by S.I. 2010/1941; there are other amending instruments but none are relevant.

Amendment of the Education (School Inspection) (England) Regulations 2005 U.K.

10.  In regulation 4(1)(f) (notification of an inspection) of the Education (School Inspection) (England) Regulations 2005 M11 for “Young People's Learning Agency for England” substitute “ Secretary of State ”.

Marginal Citations

M11 S.I. 2005/2038; amended by S.I. 2010/1941; there are other amending instruments but none are relevant.

Amendment of the Housing Benefit Regulations 2006 U.K.

11.—(1) The Housing Benefit Regulations 2006 M12 are amended as follows.

(2) In regulation 2(1) (interpretation) in paragraph (a) of the definition of “training allowance” omit “the Young People's Learning Agency for England,”.

(3) In regulation 53(1) (interpretation)—

(a) in paragraph (d) of the definition of “access funds”—

(i) for “Young People's Learning Agency for England under sections 61 and 62 of the Apprenticeships, Skills, Children and Learning Act 2009” substitute “ Secretary of State under section 14 of the Education Act 2002 ”, and

(ii) for “that Act” substitute “ the Apprenticeships, Skills, Children and Learning Act 2009 ”; and

(b) in the definition of “full-time course of study”—

(i) in paragraphs (a) and (b) for “Young People's Learning Agency for England” substitute “ Secretary of State under section 14 of the Education Act 2002 ” in each place where those words occur, and

(ii) in paragraph (b)(i) for “bodies” substitute “ persons ”.

Marginal Citations

M12 S.I. 2006/213; relevant amending instruments are S.I. 2008/3157, 2009/538 and 2010/1941.

Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 U.K.

12.  In regulation 2(1) (interpretation) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 M13 in paragraph (a) of the definition of “training allowance” omit “the Young People's Learning Agency for England,”.

Marginal Citations

M13 S.I. 2006/214; relevant amending instruments are S.I. 2008/3157, 2009/583 and 2010/1941.

Amendment of the Council Tax Benefit Regulations 2006 U.K.

13.—(1) The Council Tax Benefit Regulations 2006 M14 are amended as follows.

(2) In regulation 2(1) (interpretation) in paragraph (a) of the definition of “training allowance” omit “the Young People's Learning Agency for England,”.

(3) In regulation 43(1) (interpretation)—

(a) in paragraph (d) of the definition of “access funds”—

(i) for “Young People's Learning Agency for England under sections 61 and 62 of the Apprenticeships, Skills, Children and Learning Act 2009” substitute “ Secretary of State under section 14 of the Education Act 2002 ”, and

(ii) for “that Act” substitute “ the Apprenticeships, Skills, Children and Learning Act 2009 ”; and

(b) in the definition of “full-time course of study”—

(i) in paragraphs (a) and (b) for “Young People's Learning Agency for England” substitute “ Secretary of State under section 14 of the Education Act 2002 ” in each place where those words occur, and

(ii) in paragraph (b)(i) for “Young People's Learning Agency for England” substitute “ Secretary of State under section 14 of the Education Act 2002 ” and for “bodies” substitute “ persons ”.

Marginal Citations

M14 S.I. 2006/215; relevant amending instruments are S.I. 2008/3157, 2009/583, 2010/1941, 2010/1172.

Amendment of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 U.K.

14.  In regulation 2(1) (interpretation) of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 M15 in paragraph (a) of the definition of “training allowance” omit “the Young People's Learning Agency for England,”.

Marginal Citations

M15 S.I. 2006/216; relevant amending instruments are S.I. 2008/3157, 2009/583 and 2010/1941.

Amendment of the Education (Fees and Awards) (England) Regulations 2007 U.K.

15.—(1) The Education (Fees and Awards) (England) Regulations 2007 M16 are amended as follows.

(2) In the heading of regulation 9 for “Young People's Learning Agency for England” substitute “ Secretary of State ”.

(3) In regulation 9—

(a) for “Young People's Learning Agency for England” substitute “ Secretary of State ” in each place where those words occur; and

(b) in paragraph (1)—

(i) for “it” substitute “ that person ” in the second place where that word occurs, and

(ii) for “sections 61 or” substitute “ section 14 of the Education Act 2002 or section ”.

Marginal Citations

M16 S.I. 2007/779; amended by S.I. 2010/1941; there are other amending instruments but none are relevant.

Amendment of the Education (Information About Children in Alternative Provision) (England) Regulations 2007 U.K.

16.  In regulation 8 (persons to whom individual information supplied may be passed) of the Education (Information About Children in Alternative Provision) (England) Regulations 2007 M17 omit paragraph (h).

Marginal Citations

M17 S.I. 2007/1065; amended by S.I. 2010/1941; there are other amending instruments but none are relevant.

Amendment of the School Organisation (Establishment and Discontinuance of Schools) (England) Regulations 2007 U.K.

17.—(1) The School Organisation (Establishment and Discontinuance of Schools) (England) Regulations 2007 M18 are amended as follows.

(2) In regulation 5(1) (manner of publication of a competition notice) omit sub-paragraph (d).

(3) In regulation 10(6) (promotion of public awareness) omit sub-paragraph (f).

(4) In regulation 13(5) (manner in which local authority or proposers must publish details of proposals) omit sub-paragraph (d).

(5) In regulation 15(3) (manner in which the local authority or governing body must submit and publish details of the discontinuance proposals) omit sub-paragraph (d).

(6) In regulation 25(1) (provision for notification of decisions) omit sub-paragraph (d).

(7) In paragraphs 25 (project costs) and 54 (project costs) of Schedule 2 and paragraphs 26 (project costs) and 62 (project costs) of Schedule 3 omit “or the Young People's Learning Agency for England” in each place where those words occur.

Marginal Citations

M18 S.I. 2007/1288; amended by S.I. 2010/1941; there are other amending instruments but none are relevant.

Amendment of the School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2007 U.K.

18.—(1) The School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2007 M19 are amended as follows.

(2) In paragraphs 5(1)(g) (consultation on proposals), 17(2)(d) (referral to the adjudicator post determination) and 21(10)(c) and (11)(c) (revocation of proposals (after approval)) of Schedule 1 for “Young People's Learning Agency for England” substitute “ Secretary of State ” in each place where those words occur.

(3) In paragraph 13 (project costs) of Schedule 3 for “local authority and the Young People's Learning Agency for England” substitute “ and the local authority ”.

(4) In paragraphs 27(1)(h) (consultation on proposals) and 33(1)(c) (referral to adjudicator post determination) for “Young People's Learning Agency for England” substitute “ Secretary of State ”.

(5) In paragraph 34(1) (provision for notification of decisions) of Schedule 3 omit paragraph (d).

(6) In paragraph 41(10) (revocation of proposals (after approval)) of Schedule 3 omit paragraph (c).

(7) In paragraph 41(11)(c) (revocation of proposals (after approval)) of Schedule 3 for “Young People's Learning Agency for England” substitute “ Secretary of State ”

(8) In paragraph 13 (project costs) of Schedule 5 for “local authority and the Young People's Learning Agency for England” substitute “ and the local authority ”.

(9) In paragraph 33(1)(c) (referral to adjudicator post determination) of Schedule 5 for “Young People's Learning Agency for England” substitute “ Secretary of State ”.

(10) In paragraph 34(1) (provision for notification of decisions) of Schedule 5 omit paragraph (d).

(11) In paragraph 41(9)(c) and (10)(c) (revocation of proposals (after approval) of Schedule 5 for “Young People's Learning Agency for England” substitute “ Secretary of State ”.

Marginal Citations

M19 S.I. 2007/1289; amended by S.I. 2010/1941 and 2010/1172; there are other amending instruments but none are relevant.

Amendment of the School Organisation (Transitional Provisions) (England) Regulations 2007 U.K.

19.—(1) The School Organisation (Transitional Provisions) (England) Regulations 2007 M20 are amended as follows.

(2) In regulation 17(1) (provision of information) omit sub-paragraph (d).

(3) In regulation 18(10) (requirement to implement proposals, revocation and modification) omit sub-paragraph (d).

(4) In regulation 28(1) (provision for notification of decisions) omit sub-paragraph (d).

(5) In regulations 29(1)(c) (appeals to adjudicator) and 36(10)(c) and (11)(c) (revocation of proposals (after approval)) for “Young People's Learning Agency for England” substitute “ Secretary of State ” in each place where those words occur.

Marginal Citations

M20 S.I. 2007/1355; amended by S.I. 2010/1941 and 2010/1172; there are other amending instruments but none are relevant.

Amendment of the Education (Supply of Information about the School Workforce) (No 2) (England) Regulations 2007 U.K.

20.  In regulation 8(2) (persons to whom the Secretary of State may supply information) of the Education (Supply of Information about the School Workforce) (No 2) (England) Regulations 2007 M21 omit sub-paragraph (d).

Marginal Citations

M21 S.I. 2007/2260; amended by S.I. 2010/1941; there are other amending instruments but none are relevant.

Amendment of the School Organisation (Removal of Foundation, Reduction in Number of Foundation Governors and Ability of Foundation to Pay Debts) (England) Regulations 2007 U.K.

21.  In regulation 7(1)(h) (consultation on proposals) of the School Organisation (Removal of Foundation, Reduction in Number of Foundation Governors and Ability of Foundation to Pay Debts) (England) Regulations 2007 M22 for “Young People's Learning Agency for England” substitute “ Secretary of State ”.

Marginal Citations

M22 S.I. 2007/3475; amended by S.I. 2010/1941; there are other amending instruments but none are relevant.

Amendment of the Employment and Support Allowance Regulations 2008 U.K.

22.—(1) The Employment and Support Allowance Regulations 2008 M23 are amended as follows.

(2) In regulation 2(1) (interpretation) in paragraph (a) of the definition of “training allowance” omit “Young People's Learning Agency for England”.

(3) In regulation 14(2) (meaning of education)—

(a) in paragraphs (a) and (c) for “Young People's Learning Agency for England” substitute “ Secretary of State under section 14 of the Education Act 2002 ” in each place where those words occur; and

(b) in paragraph (c)(i) for “bodies” substitute “ persons ”.

(4) In regulation 131(1) (interpretation)—

(a) in paragraph (d) of the definition of “access funds”—

(i) for “Young People's Learning Agency for England under sections 61 and 62 of the Apprenticeships, Skills, Children and Learning Act 2009” substitute “ Secretary of State under section 14 of the Education Act 2002 ”, and

(ii) for “that Act” substitute “ the Apprenticeships, Skills, Children and Learning Act 2009 ”;

(b) in the definition of “full-time course of advanced education”—

(i) in sub-paragraphs (a) and (b) for “Young People's Learning Agency for England” substitute “ Secretary of State under section 14 of the Education Act 2002 ” in each place where those words occur, and

(ii) in sub-paragraph (b)(i) for “bodies” substitute “ persons ”; and

(c) in the definition of “full-time course of study”—

(i) in sub-paragraphs (a) and (b) for “Young People's Learning Agency for England” substitute “ Secretary of State under section 14 of the Education Act 2002 ” in each place where those words occur, and

(ii) in sub-paragraph (b)(i) for “bodies” substitute “ persons ”.

Marginal Citations

M23 S.I. 2008/794; amended by S.I. 2009/583 and 2010/1941; there are other amending instruments but none are relevant.

Amendment of the Education (Individual Pupil Information) (Prescribed Persons) (England) Regulations 2009 U.K.

23.  In regulation 3(5) (prescribed persons) of the Education (Individual Pupil Information) (Prescribed Persons) (England) Regulations 2009 M24 omit sub-paragraph (t).

Marginal Citations

M24 S.I. 2009/1563; amended by S.I. 2010/677, 2010/1940, and 2010/1941.

Amendment of the Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments to Subordinate Legislation)(England) Order 2010 U.K.

24.  Omit articles 8, 13, 20, 21(5), 23, 24 and 25 of the Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments to Subordinate Legislation (England) Order 2010 M25 .

Marginal Citations

M25 2010/1941.

Jonathan Hill

Parliamentary Under Secretary of State

Department for Education

26th March 2012

Explanatory Note

(This note is not part of the Order)

This Order is made under the Education Act 2011 (“the 2011 Act”). It makes consequential amendments to subordinate legislation necessary as a consequence of the abolition of the Young People's Learning Agency for England (“YPLA”) by section 66 of the 2011 Act. References to the YPLA are either removed or replaced with references to the Secretary of State, who takes over some of the YPLA's functions.

An impact assessment has not been produced for this instrument as it has no impact on businesses, the public sector or civil society organisations.